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Rules regarding will (Wasiyyat) » Inheritance of the second group → ← Rules regarding will (Wasiyyat) » Inheritance

Rules regarding will (Wasiyyat) » Inheritance of the first group

2740. If out of the first group, there is only one heir of the deceased (for example, father or mother or only one son or only one daughter) he/she inherits the entire estate, and, if there are more than one sons or daughters, the estate is divided among them in such a way, that each son gets twice the share of each daughter.

2741.
If the father and the mother of deceased are his only heirs, the estate is divided into 3 parts, out of which 2 parts are taken by the father and one by the mother. If, the deceased has two brothers or four sisters, or one brother and two sisters, who are Muslims and are related to him from the side of the father (i.e. the father of these persons and of the deceased is same, although their mothers may be different), the effect of their presence on the inheritance is that, although they do not inherit anything in the presence of the father and the mother, the mother gets 1/6 of the estate, and the rest is inherited by the father.

2742.
If only the father, the mother and one daughter are the heirs of deceased, and he (the deceased) does not have two paternal brothers, or four paternal sisters, or one paternal brother, and two paternal sisters, with the conditions already explained, the estate will be divided into 5 parts, out of which the father and the mother take one share each, and the remaining 3 shares are taken by the daughter. And if the deceased has two paternal brothers, or four paternal sisters, or one paternal brother, and two paternal sisters, the estate will again be divided into 5 parts, as the presence of these persons will have no effect. But it is commonly held by the Fuqaha that, in such situation, the estate will be divided into six parts. Father and mother will take one part each, and three parts will be taken by the daughter. As regards the remaining one part, it is again divided into 4 parts out of which one part is taken by the father and 3 by the daughter. As a result, the estate of the deceased is divided into 24 parts, out of which 15 are taken by the daughter, 5 by the father, and 4 by the mother. But this verdict is not without Ishkal, and therefore precaution must be exercised while allocating one-fifth or one-sixth of the mother's share.

2743.
If the heirs of the deceased are his father, mother, and one son only, the property is divided into 6 parts, from which one part is taken by the father and one by the mother, and 4 by the son. And if the deceased has several sons or several daughters, they divide the said 4 parts equally among them. If however, he has several sons and daughters, the 4 shares are divided among them in such a manner, that each son gets double the share of each daughter.

2744.
If the heirs of deceased are only his father or mother and one or several sons, the property is divided into 6 parts, from which one goes to the father or mother, and 5 to the son. If there are more than one sons, they divide those 5 parts equally among them.

2745.
If the deceased is survived by the father or the mother with his sons and daughters, the estate will be divided into 6 parts. One part is taken by the father or the mother, and the remaining 5 parts are divided among the sons and daughters, in such a manner that each son gets double the share of each daughter.

2746.
If the heirs of deceased are only his father or mother and one daughter, his estate will be divided into four parts. Out of these one part is taken by the father or the mother, and the rest goes to the daughter.

2747.
If the heirs of deceased are his father or mother and several daughters, the property is divided into 5 parts. One part is taken by the father or the mother, and the remaining 4 parts are equally divided among the daughters.

2748.
If the deceased has no children, the child of his son gets a son's share even if it be a daughter, and the child of his daughter gets a daughter's share even if it be a son. For example, if the deceased has a grandson by his daughter, and a grand-daughter by his son, the property will be divided into 3 parts, from which one part will go to the grandson by his daughter, and 2 to the grand-daughter by his son.
Rules regarding will (Wasiyyat) » Inheritance of the second group → ← Rules regarding will (Wasiyyat) » Inheritance
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